Arsht v. Hatton

McGRANERY, District Judge.

This is a motion for a summary judgment, which raises a clear-cut issue of law: has a judgment which has been appealed from after actual trial been “finally determined” within the meaning of a condition in an insurance contract?

Plaintiff originally brought suit for damages sustained in an automobile accident and received a verdict and judgment for $6,500. Defendant’s motion for judgment n. o. v. or for .a new trial was denied, and within the time allowed by law an appeal was taken to the Circuit Court of Appeals. jThe bond for cost of appeal was filed, but a…